In Arizona, in order for persons under the age of 18 to change their names, both parents must consent to the name change. Provided that you have established your paternity (by marriage or birth certificate), then you must receive notice that their mother intends to change their names. Once you receive that notice you can go to the hearing and object to the name change.
As for you consenting to the termination of your parental rights to allow their step-father to adopt them, proceed with caution. In Arizona as long as the consent is in writing and it is signed by you in front of a notary it is very hard to revoke (take back) your consent. That being said, your ex and her new husband can ask a court to terminate your parental rights if they have a reason. In Arizona, if you haven't maintained a normal parent-child relationship with your children for over 6 months, they can argue that you have abandoned your children and ask a court to terminate your rights. I don't know if other states have similar laws, but since you haven't seen at least one of your children in 10 years, this is most likely the reason in Arizona that they would put forth. You will have to be informed of any hearings that would occur if they are seeking to terminate your rights and you can fight it.
If your children have been living in another state, besides Arizona, for more than 6 months than technically the state where your children reside is the most appropriate place to request a name change or the termination of your parental rights. I can only comment on Arizona law, therefore the guidance I am providing is based on Arizona law.
*The answer provided is for informational purposes only and does not create and attorney-client relationship between the question presenter and Laura B. Monte, Esq. or Donaldson Stewart, P.C.*
*Laura B. Monte, Esq. is licensed only in the State of Arizona, therefore any answer provided is solely based on Arizona law and case law.*
Answered on Feb 28th, 2012 at 1:44 PM